What is the test for obtaining relief under s. 24 of the Charter?
Prince Edward Island, Canada
The following excerpt is from R. v. Leslie Cameron King, 2009 PECA 9 (CanLII):
Fundamental to obtaining relief under s. 24 of the Charter on the basis that there has been a breach of an individual’s right to be protected from unreasonable search or seizure, is the presence of a personal privacy right. Absent a personal privacy right, an individual does not have any right to be protected from search and seizure. See: Hunter v. Southam (1984), 1984 CanLII 33 (SCC), 2 S.C.R. 145 (SCC).
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